“Criticism of court may not be actionable, but obstructing the functioning of the court is serious contempt” Chhattisgarh High Court
Last Updated on April 4, 2024 by News Desk
Recently, the Chhattisgarh High Court observed that fair criticism, even if strong, is not actionable. However, attributing improper motives and obstructing the functioning of the court is a serious contempt for which notice will be taken.
“While fair and temperate criticism of the Court even if strong, may not be actionable, but attributing improper motives or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is serious contempt of which notice must be and will be taken,” the Court said.
A division bench of Justices Goutam Bhaduri and Radhakishan Agarwal expressed their concern over netizens making derogatory comments against judges and lawyers and remarked that judge bashing has become their favourite past-time.
The court said, “It appears that ‘Judge bashing’ and using derogatory and contemptuous language against the Judges and Lawyers has become a favourite pastime of some people. These statements tend to scandalize and lower the authority of the Courts and cannot be permitted because, for functioning of democracy, an independent judiciary to dispense justice without fear and favour is paramount,”
It further contended that the judiciary is an important pillar and bedrock of democracy. The democracy would crumple down if people lost faith in it.
The court was dealing with a child custody case which was live-streamed on Chhattisgarh High Court you tube channel.
As per the bar and bench report, Brief facts of the case were that a man sought the custody of his minor daughter, who was at the relevant time living with her mother. The bench spoke to the minor girl in their chambers, who expressed her desire to go with the father as she did not feel safe with the mother. The Court therefore granted custody of the child to the father and allowed visitation and contact rights for the mother. Senior Advocate Dr NK Shukla and advocates Saurabh Dangi, Palak Dwivedi and Sajal Kumar appeared for the father. Advocate Malay Shrivastava represented the mother.
During the live stream of the proceedings, some netizens used derogatory language against the judges in YouTube comments. Some of the comments were as such- “Absolutely ridiculous decision”, “So basically one qualification to be a Judge is to be stupid and unrealistic?”; “C ho kya judge.”; “I’d request my honourable and respected Judiciary System to put that man and his mother behind the bars for the harassment and mental agony caused to the wife. I hope the wife will get justice from this super intelligent Judge.”; “Judge giving judgment after he got beaten by wife in morning.”
An application was filed by one of the parties before the Court, to bring such derogatory comments against judges and the parties to the court’s notice.
The court ordered the Registrar General of the High Court to coordinate with the Registrar (Computerization) to take appropriate measures to tackle such comments.
“If need be contempt notices be issued to the persons who posted the proceedings of the Court on social media and who made the derogatory comments against the pleading Advocates, Court and the Judges, after identifying them with the help of the Cyber Cell Team of the State of Chhattisgarh. Thereafter, Registrar (Judicial) is directed to register appropriate proceedings separately and place it before this Court.” The court said.
written by Shagun Behal
